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STATE v. MONTIGUE

No. 78 0544; CA 11143.

590 P.2d 274 (1979)

38 Or.App. 363

STATE of Oregon, Respondent, v. Terry Edward MONTIGUE, Appellant.

Court of Appeals of Oregon.

Decided February 6, 1979.

Attorney(s) appearing for the Case

Thomas J. Crabtree, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen. and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.

TANZER, Judge.

Defendant was convicted of illegal possession of dangerous drugs, ORS 167.207. He assigns as error the denial of his motion to suppress evidence seized in a search pursuant to a search warrant and his motion to controvert the underlying affidavit.

Defendant argued that suppression was required due to lack of probable cause in that neither the credibility of the informant nor the reliability of his information...

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